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HomeMy WebLinkAboutResolution No. 3413 RESOLUTION NO. 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY A PPROVING THE MEMORANDUM OF UNDERS TANDING WITH THE CALIFORNIA TEAMSTERS PUBLIC, PROFESSIONAL & ME DICAL EMPLOYEES UNION, LOCAL 911, FOR THE FISCAL YEARS 1977 -7 8 AND 1978-79. THE CITY COUNCIL OF THE CITY OF DOWNEY R ES OLVES AS FOLLOWS: SECTION 1. In accordance with Article II, Chapter 7 of the Downey Municipal Code, the Memorandum of Understanding of June 11, 197 7, betwe en the City of Dcw ney and the California Teamsters Public, Profess ional and Medical Employees Union, Local 911, a copy of which is atta ched her eto and made a part hereof, is approve d. S ECTION.2. The City Clerk shall certify to the adoption of this Resolution and shall p rovide for approp riate distri bution th ereof. APPROVED AND ADOPTED this 20th da y of •- , 1977. ;,- .-- _i.. r 1 : , `-==. '4 ` JJ e Richa d M. Jen ii gs, M'a.yor AT EST: '---- /7 A --\ `-",:::/:;:' I / 1 City Clerk - 5 TATE OE' CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF DOWNEY ) I HEREBY CERTIFY that the foregoing Resolution was adopted at a regular meeti ng of the city counc it of the City of Dow ney, held o n the 20th _day of June 1977, by the f oll owing vote, to wit: AYES: 4 Council Members: Miller, Greene, Jackman, Jennings NOES: 1 Council Members: Scotto ABSENT: 0 Council Members: None ,. 7 ,,,--7--- y l 4+ V P % City Clerk . MEMORANDUM OF UNDERSTANDING BETWEEN .• THE CITY OF DOWNEY AND CALIFORNIA TEAMSTERS PUBLIC, PROFESSIONAL, AND MEDICAL EMPLOYEES UNION, LOCAL 911 I N D E X ARTICLE NO. TITLE OF ARTICLE PAGE NO. I RECOGNITION 1 II NON- DISCRIMINATION 2 III BASIC COMPENSATION PLAN 3 - 5 IV WORK WEEK 6 V OVERTIME (COMPENSATORY TIME) 7 - 8 VI COMPENSATION FOR SPECIAL CALL -IN 9 VII HOLIDAYS 10 VIII VACATION 11 - 12 IX LEAVES OF ABSENCE 13 - 22 X FRINGE BENEFIT ADMINISTRATION 23 XI HEALTH INSURANCE 24 XII RETIREMENT 25 XIII TUITION REIMBURSEMENT 26 XIV PROBATIONARY PERIOD 27 XV CITY RIGHTS 28 - 30 XVI EMPLOYEE ORGANIZATIONAL RIGHTS AND RESPONSIBILITY 31 XVII NO STRIKE - NO LOCKOUT 32 - 33 XVIII GRIEVANCE PROCEDURE 34 - 37 XIX SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING 38 (i) • ARTICLE NO. TITLE OF ARTICLE PAGE NO. XX WAIVER OF BARGAINING DURING TERM OF THIS AGREEMENT 39 XXI EMERGENCY WAIVER PROVISION 40 XXII SEPARABILITY 41 XXIII TERM OF MEMORANDUM OF UNDERSTANDING 42 XXIV RATIFICATION AND EXECUTION • 43 • • • (ii) A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND CALIFORNIA TEAMSTERS PUBLIC, PROFESSIONAL, AND MEDICAL EMPLOYEES UNION, LOCAL 911 ARTICLE I RECOGNITION Pursuant to the provisions of the Employee Relations Resolution No. of the City of Downey, the City of Downey (hereinafter called the "City ") has recognized the California Teamsters Public, Professional, and Medical Employees Union, Local 911 (hereinafter called the "Union ") as the exclusive re- presentative of employees in the maintenance unit which includes the classifications described in Exhibit A. The City has recog- nized the Union for the purpose of meeting its obligations under the Myers- Milias -Brown Act, Government Code Section 3500 et. seq. and the Employee Relations Resolution of the City when City rules, regulations or laws affecting wages, hours or other terms and conditions of employment are amended or changed. • • 1- • i c i • • • • ARTICLE II NON- DISCRIMINATION Section 1. The parties mutually recognize and agree to protect the rights of all employees hereby to join and /or participate in protected Union activities or to refrain from joining or participating in protected activities in accordance with the Employee Relations Resolution and Government Code Sec- tions 3500 to 3511. Section 2. The City and the Union agree that they shall not discriminate against any employee because of race, color, sex, age, national origin, political or religious opin- ions or affiliations. The City and the Union shall reopen any provision of this Agreement for the purpose of complying with any final order of a federal or state agency or court of com- petent jurisdiction requiring a modification or change in any provision or provisions of this Agreement in compliance with state or federal anti- discrimination laws. Section 3. Whenever the masculine gender is used in this Memorandum of Understanding, it shall be understood to include the feminine gender. -2- g ' ARTICLE III BASIC COMPENSATION PLAN Section 1. Recommended salaries to be discussed at the bargaining table. Section 2. The plan of salary schedules. A. Description of Schedules. The pay plan is attached to this Memorandum of Understanding as Exhibit A and consists of a set of monthly salary schedules. Each of such schedules is designated by a schedule number. Each schedule con- sists of five (5) steps of monthly compensation, each of which is designated by step letter. B. Hourly Equivalent Calculation. For payroll purposes, the hourly equivalent of a monthly rate shall be computed by dividing twelve (12) times the monthly rate by fifty -two (52) times the number of working hours per week. Section 3. Eligibility for Merit Salary Advancement. A. Eligibility for Salary Step Increase. (1) Salary step increases shall be considered on a merit basis only, and then only at the following times, and in accordance with subsection B below. . (2) All full time appointments shall be made at the first step of the salary schedule assigned that class, unless prior written approval of the City Manager is obtained for appointments at a higher step in the assigned schedule. (3) No salary advancements shall be made so as to exceed the maximum rate established in the salary -3- 1 • • schedule for the class to which the employee's position is allocated. B. Qualification for Salary Step Advancement. (1) Advancement shall not be automatic but, shall be based upon merit, dependent upon increased ser- vice value of an employee to the City as exemplified by recommendations of his supervisor, length of service, performance record, special training undertaken, and other objective evidence. (2) Only employees rated as meeting the stand- ard of fully effective work performance shall be qualified to advance to the salary steps (B) , (C) , and (D) . (3) Only employees rated as surpassing the ---, standard of work performance expected of City employees shall be qualified to advance to the salary step (E). C. Merit Evaluation. (1) Every employee shall receive an objective, written job performance rating, no sooner than twenty (201 working days before, no later than ten (10) working days before the date of eligibility for each salary step, _ merit long evity or hourly increas e, and annu all y t herea fte r, and upon a chang e of employment status. Nothing in this section shall prohibit the department head from authorizing a supervisor to give an additional objective rating to an employee between those periods of time described in this section. • (2) It shall be the duty of the department head to delegate the responsibility of every employee's -4- 3 1 • • O rating to that level of supervision having immediate • knowledge of the employee's work. An employee shall be rated by his immediate supervisor, which rating shall be reviewed by the department head. Section 4. Salary Schedule Step Reduction. Whenever an employee's work performance falls below the level for which a step increase was granted, an employee's authorized pay may be reduced to the employee's previous step rate under written procedures es- tablished by the City for demotions and reductions in pay. Section 5. Merit Longevity. A. Eligibility for Merit Longevity. Upon approval of the appointing power, permanent employees who have completed ten (10) continuous years of highest quality service may be paid, in addition to their respective regular prescribed salary, a monthly amount equal to the next salary step above their monthly base rate; and after twenty (2 0) years, one and one-half (12 1 steps above their monthly base rate. B. Qualification for Merit Longevity. Merit lon- gevity is to be provided in continuing incentive to career employees. Such payment shall continue, with approval of the City Manager, only during such period as an eligible employee continues to perform the highest quality of public service, as evidenced by performance rat- ings regularly submitted by the appointing power to the City Manager, and shall be terminated at anytime by the City Manager when the qua- lity of service as evidenced by the performance rating such employee does not merit such additional compensation. - 1 • _5- r } i ..; . L .x! ARTICLE IV WORK WEEK The regular work week for all employees covered by this Agreement shall be forty (40) hours per week. Nothing contained herein shall be construed as a guarantee to any employee of a minimum number of hours per day, days per week, weeks per year, or any other guarantee of work. • -6_ • , y • 3,. . y . ARTICLE V OVERTIME (COMPENSATORY TIME) Section 1. Straight Time Compensation for Overtime. All authorized overtime for Union employees shall be paid at the straight time hourly rate equal to the regular equivalent hourly rate of such employee. Straight time overtime shall be paid on the basis of one (1) hour of straight time pay for each hour of overtime worked in excess of forty (40) hours in the employee's work week. Section 2. Time and One -Half Compensation. All approved overtime worked by an employee in excess of eight (8) continuous hours in any one (1) work day shall be paid at the rate of time and one -half the employee's regular hourly rate. Section 3. Employees shall not receive overtime compen- sation on the basis of straight time compensation and time and one -half compensation for the same hours worked. . Section 4. It is the policy of the City that overtime work is to be discouraged. However, in cases of emergency or whenever public interests or necessity requires, any department or division head may require any employee in such department or division to perform overtime work. The City shall assign overtime on a fair and equitable basis and shall establish a system of rotation of overtime, • provided that such system, shall guarantee the integrity of the City's ability to perform services with adequate available manpower. The projects and types of work for which overtime may be authorized shall be approved in advance by the City Manage r, except in the event of e mergenc y, overtime is authorized by the department head or his designate. —7— • • • M § E • Section 5. Emergency Service Condition. In the event of a severe emergency or natio nal or state di saster, the City shall not be required to pay overtime. Regard less of a ny of the provisions of thi s Memorandum of Unde rstanding, employee s shall not be entitled to receive overtime dur ing the first s even (7) calendar days of the sever e emergenc y or disaster. g_ w N • s • • • ART CI.E V[ FOP ;;1 1 C Inl. C'A1.,1,- I.N t Employc.-cs covered by this Agreement called in to per- • form work at time:.: other than those normally recluirecl for the employee's employment shall receive and be paid for a minimum of four (4) hours at the employee's straiyht time hourly rate of pay. Such call -in Lille shall be . counted towards the computa- tion of straight time overtime pay. Employees shalt be entitled to call -in pay in the event the employee is required Lo report back to work after completing the employee's normal work slii E t, left City premises and /or the employee's -work location. . _ -.,.t �.� c �y. •1•�• -•rss .� , ry— z•. r..- r"'' r„''•,.- '�:.',r'a"'n'.;'„'c�r►r.r•�..� ..- r- w: ---• . �,.. - • . r *A _ w :' : . ._ ,f ARTICLE VII HOLIDAYS Section 1. Employees covered by this Agreement shall receive the following paid holidays: (1) New Year's day. (2) Lincoln's birthday. (3) Washington's birthday. (4) Memorial day. (5) Independence day. (6) Labor day. (7) Veterans' day. • (8) Thanksgiving day. (9) Day after Thanksgiving. (10) Day before Christmas. (11) Christmas day. Section 2. When a holiday falls on a Saturday, the pre- ceding Friday will be observed as the holiday. When a holiday falls on a Sunday, the following Monday shall be observed as the holiday. Section 3. When an employee works on a holiday, the employee shall receive holiday pay which shall be eight (8) hours of pay at the employee's regular hourly rate of pay together with pay at the employee's regular hourly rate of pay for each hour worked on the holiday. Section 4. Should one of the holidays listed above fall during the employee's vacation period, the employee shall receive holiday pay and no charge shall be made against the employee's accumulated vacation. -10- w. k i - • • • AR['IC11F; VET.r i VACATWN Sect�i.c)1t - - 1 : . Employees covered by this Agreement sha11 accrue vacation Lion leave.' with pay on the Col.low scheduled basis: Years of :Service Year 0 - 3 Ten (10) 4 - 5 Twelve (12) G - 10 • Fifteen (15) 11 r 15 Seventeen (1 1) 16 - 20 Twenty (20) Section 2. Vacation shall be taken at the con' i t`i►ce of the City with the approval of the deparL"nienL head. L•'iwl e :Jos - sible, such vacation Should be taken annually and not accumulated from year to year. All eligible employees, however, shall be allowed Lo ,ac.cumul..11. two (2) years allow_ince of vacation. If the employee i. s prohibited by the supervisor from Lakin(' the em- ployee's v.ar_.ition because of nianpower shortages or operational needs, Lhc er; i shall be paid all vacation at the 'rite earned at the time the employee would have -Laken his or her vacation. • Sec `oll 3. When ani employee who has become e n t i t l e d to recdi ve vacation l l t i d t ' i t t h.i..:; Article : ; c ` 1 .i ra Lc`:; from C i t y : ;ery i ce, c`it'h..`i' hi 1Tt't_ i i 't :1t' lit (?l`l i:i.lilt`:ll: Ld;•ot l , or t:(`rwi u:lt i m, t ttt` p 1 oyc`c` : , h i t . ! 1 he e n t i t l e d t ci be [)aid f_oi: tttiu: ;c'cl t: li v.ac,i t i �i L the rate of pay in effect at the time of separation. 17 • • • • • 1 . • Section 4. Vacation shall be accrued on a monthly basis by dividing twelve (12) into the number of work days per year to which the employee is eligible to receive, based upon the employee's years of service with the City. Section 5. Employees who are separated from their em- ployment with the City, after completion of the probationary period, shall be paid all accrued vacation, if any, on a prorata portion of their unused vacation. Prorata vacation shall be based upon the basis of one - twelfth (1/12) of the employee's annual vacation pay for each full month of service worked by-the employee during the employee's employment with the City. - • • -12- F {{ • ARTICLE IX LEAVES OF ABSENCE Section 1. Leaves of Absence Without Pay. The City Manager may grant a permanent employee a leave of absence for a specific purpose without pay for a period not to exceed up to one (1) year. The City Council may grant a permanent employee a leave of absence for a specific purpose, without pay, not to ex- ceed one (1) year. No such leave shall be granted except, upon written request of the employee. Approval shall be in writing and a copy filed with the personnel office of the City. Upon expiration of a regularly approved leave, the employee shall be reinstated in the position held at the time leave was granted. Employee shall report promptly upon the expiration of any leave granted. Failure to report within a twenty -four (24) hour period after expiration of leave shall be cause for discharge. No em- ployment or fringe benefits such as, but not limited to, sick leave, vacation, health insurance, retirement or any other benefit shall accrue to any employee during leave of absence without pay. Section 2. An employee on leave of absence must give give the City at least seven (7) days written notice of the em- ployee's intent to return to work. Section 3. An employee who engages in outside employ- ment during said leave of absence shall be subject to termination. Any employee who falsifies a reason for the request for said leave of absence or any extension of such leave of absence, may be ter- minated for falsifying such request. -13- 1 • I . • • t ' Section 4. Sick Leave. A. Sick leave shall be defined as absence from duty because of illness or off the job injury, or exposure to contagious deceases as evidenced by certification from an accepted medical authority. B. Sick leave shall be paid to covered employees at the rate of one (1) work day per month of service. Sick leave shall not be considered as a privilege which an employee may use at his discretion but, shall be allowed only in case of necessity and actual sickness or disability. Unused sick leave shall he accumulated at the rate of twelve (12) work days without acc-r i limitation. C. In order to receive compensation while absent on sick leave, the employee shall notify a designated supervisor prior to or within one (1) hour of the time set for beginning duty. In all instances, if an employee is incapacitated, notifi- cation shall be waived until a reasonable period has elapsed. For any such absence, the employee shall file a written statement with the City Manager stating the cause of the absence. When the ab- sence is for more than three(3) workdays the department head concerned may require a physician's certificate stating the cause of absence before said leave shall be approved by the City Manager. D. The right to benefits under the sick leave plan shall continue only during the period that the employee is employed by the City. This plan shall not give any employee the right to be retained in the service of the City, or any right of claim to sickness disability benefits after separation from the services of the City. -14- . • . E. Nothwithstanding anything contained in this Section, no employee shall be entitled to receive any payment or other compensation from the City while absent from duty by reason of injuries or disability received as a result of engaging in em- ployment other than employment by the City, for monetary gain or other compensation, or by reason of engaging in business or acti- vity for monetary gain or other compensation other than business or activity connected with City employment. F. At the written request of the appointing authority, the City Manager may require an employee to submit to an examination by the City's medical examiner, and if the results of the examination indicate the employee is unable to perform his duties, or in the performance of his duties, exposes others to infection, the employee shall be placed on sick leave without privilege of reinstatement until adequate medical evidence is submitted that the employee is competent to perform his duties or will not subject others to infection. Any employee so examined shall have the right to submit the reports of a competent medical authority of his own selection, and at his own expense, in addi- tion to the report submitted by the City medical examiner. In the event of a conflict of opinion and /or recommendation of the two examiners, a third examiner shall be selected by the first two examiners and the final decision shall be made by the City Manager, who may seek the advise of the personnel advisory board of the City. *G. Covered employees shall be paid fifty (50) percent of any sick leave at his death or retirement, up to a -15- maximum of ninety (90) days pay for a hundred and eighty (180) days accumulation. H. Accrued sick leave shall be valued for the purposes of Section G above, on the following basis: (1) Sick leave earned prior to June 30, 1974, shall be costed at salary rates in effect on June 30, 1974. (2) Sick leave earned on or after July 1, 1974, shall be costed at the rate prevailing at the end of the fiscal year in which it was earned. (3) Sick leave taken shall be deducted from the oldest, lowest value accrued sick leave first, pro- vided, however, when an employee takes sick leave, the employee shall receive for each day of sick leave one (1) day's pay at the employee's rate in effect at the time of taking sick leave. I. Employees who become entitled to accrue sick leave allowance which has not been used, may convert each two and one- quarter (2 -1/4) days of accumulated sick leave to one (1) addi- tional day of vacation, after having accumulated eighty (80) days of sick leave and providing that not more than five (5) days of additional vacation days may be so converted in any one (1) fiscal year. Section 5. Emergency Leave. A. Any employee who his absent from work by rea- son of attendance upon members of the immediate family whose in- capacitation requires the care of such employee, or death in the _16- 9 ,{ I ii AMA l s t immediate family of the employee, may be allowed emergency leave '- with pay, not to exceed six (6) work days per incident on the basis of one -half (1/2) work day for each month of regular employ- ment, which is deducted from accumulated sick leave. Immediate family shall include and be limited to, mother, father, brother, sister, spouse or child of any eligible employee of the City. B. For absences under this Section exceeding a total of three (3) working days in any six -month (6) period, a physician's certificate verifying the leave basis may be required by the City Manager or department head. . C. All such claims for emergency leave are sub- ject to verification by the City Manager. Section 6. Personal Leave. With approval of the-department head two (2) days per year of a n employee's sick leave may be used on personal matters which are of an unseen combinati on of circumstances • which call for immediate action and are family related. Such matters shall be considered as those events or occurrences which a reasonable prude nt person wou ld not or could not postpone to a subsequ ent time. An indication of the reason for personal leave shall be explained to the immediate super - Visor and shall be granted with his approval. Such per sonal leave shall not be cumulative from year to year. Section 7. Workers' Compensation Injury On Duty. A. If an employee is absent from work by reason of an injury or illness covered by Workers' Compensation, the City shall pay the employee the difference between the amount granted pursuant to such Workers' Compensation and the employee's regular rate of pay during such portion of time as the council may deter- mine. --17- s • • • B.. If the employee is not covered by Workers' Compensation insurance, compensation may be paid in an amount to be determined by the City Council which amount shall not exceed the compensation that would have been paid the employee, had the employee been subject to paragraph A above. C. An employee who is absent from work by reason of an injury or illness covered by Workers' Compensation shall be allowed'up to one (1) year leave of absence, as required by his condition with the City paying the difference between the amount granted pursuant to such Workers' Compensation and employee's regular rate of pay. Section 8. Employee Disability Leave. A. This Section establishes a disability leave plan at seventy -five (75) percent of the base salary for employees having more than one (1) year continuous service with the City and who have exhausted all accumulated sick leave, vacation and com- pensatory time due to non - industrial illness or injury under the following eligibility schedule: Maximum Time Allowance (Working Days) Additional Before After Years of Service Reimbursement Reimbursement Total 1 through 5 30 15 45 6 through 10 45 23 68 Over 10 60 30 90 B. Application for disability leave shall be made by the employee through the department head, to the City Manager, accompanied by full medical justification from a physician chosen _18- 3 • . by the City at the direction of the City. Failure to submit to such an examination shall be a basis for terminating disability leave. If the City Manager approves the application, he shall notify the employee, in writing, of such approval. C. After the employee returns to work, the em- ployee shall reimburse the City one -half (1/2) of the time used for such employee disability leave at a minimum rate of one - half (1/2) day of sick leave per month or may contribute vacation to accelerate employee's reimbursement to the City for providing the benefits under this Article. D. When the "maximum time allowance" has been reimbursed as set forth above, the employee shall be eligible to apply for additional disability leave on the basis of one (1) day's leave for each half (1/2) day reimbursed to the City; pro- vided that no employee shall receive more than the "total" set forth above for his length of service, during his entire employ- ment with the City. E. Grounds for termination of disability leave by City Manager shall include but, not be limited to, the follow- ing reasons: (1) The employee has recovered from his ill- ness or injury. (2) The leave is being used as a prerequire- ment leave for purpose of postponing retirement or pen- - sion. (3) The disability leave was procured by fraud, misrepresentation, or mistake. -19- lY , • (4) The employee has not cooperated fully in supplying all information and submitting to any examina- tion requested by the City to determine the existence or continuing nature of the employee's disability. Section 9. Social Security Disability Equivalent. Em- ployees covered under this Agreement who are covered under the City's social security program on June 30, 1975, shall be guar- anteed disability payments in an amount equal to that which would have been paid under said program. Said employee shall retain such coverage until June 30, 1980. Any employees employed after June 30, 1975, shall not be entitled to this benefit. Section 10. Optional Disability Plan. A. Purpose of Plan. The purpose of the optional disability plan is to provide each union employee a fair opportunity and incentive to earn paid disability leave. B. Plan Eligibility. Any employee covered by this Memorandum of Understanding with a minimum accrued sick leave of sixty -four (64) hours may elect participation in this plan as here- in provided. C. Plan Periods. Plan periods shall be from July through June, commencing July 1, 1976. D. Plan Contribution. If an employee has accrued sixty -four (64) hours sick leave or more during plan period, a maxi- mum of twenty -five (25) percent a [one quarter (1/4)] of such accrued sick leave hours shall upon participant's authorization be trans- - ferred annually to an individual disability account (an IDA). The initial IDA contribution of a participant may be a maximum'of twenty- -20- • o � • • five (25) percent of a hundred and twenty (120) or more of accrued sick leave hours recorded on the July, 1976, accrual report. The City shall concurrently credit to the same individual account an amount equal to the number of days authorized for transfer by the participant. ant. All contributions are irrevocable, non - transferable and shall not be pooled. E. Plan Benefits. Plan benefits vest upon trans- fer to and shall be paid exclusively from the IDA of each partici- pant. Authorized plan benefits are payable only as continuation of full salary to the extent of the total IDA during any period of participant ant disability. The participant shall reimburse the City twenty -five (25) percent [one quarter (1/4) ] of all benefits paid under this Section. F. Plan Conditions. Participation in this plan is subject to the following specific conditions: (1) All plan benefits paid shall be subject to mandatory participant authorized payroll deductions. (2) The participant shall be eligible for employee disability leave or disability retirement, un- less and until his /her IDA is exhausted. (3) The IDA of the participant lapses upon employment separation for whatever reason. G. Plan Administration and Reports. The City shall administer this plan through the Director of Finance who shall: (1) Develop and maintain an appropriate plan accounting system. -21- r a 0 - (2) Publish timely information concerning the plan and notice of annual enrolement. (3) Provide adequate records and files on plan participation. (4) Provide annual IDA statements to each participant. Section 11. Military Leave. Military leave shall be granted in accordance with the provisions of state and /or federal • law. All employees entitled to military leave shall give the appointing power an opportunity, within the limits of military regulations, to determine when such leave shall be taken. Section 12. Jury Duty. Employees who are called for jury duty shall be granted a leave of absence during the period of jury service. The City will pay the difference between the employee's compensation for jury duty and his regular rate of pay. Employees shall not be entitled to overtime for participating in jury service in excess of eight (8) hours in any one (1) work day, or in excess of forty (40) hours in any one (1) work week. err ( w -22- A . T ARTICLE X FRINGE BENEFIT ADMINISTRATION Section 1. Administration. The City reserves the right to select the insurance carrier or administer any fringe benefit programs that now exist or may exist in the future during the term of this Memorandum of Understanding. Section 2. Selection and Funding. In the administra- tion of the fringe benefit programs, the City shall have the right to select any insurance carrier or other method of provid- ing coverage to fund the benefits included under the terms of this Memorandum of Understanding, provided that the benefits of the employees shall be no less than those in existence as of the implementation of this Agreement. Section 3. Changes. If, during the term of this Memorandum of Understanding, any change of insurance carrier or method of funding for any benefit provided hereunder occurs, the City shall notify the Union prior to any change of insurance carrier or method of funding the coverage. -23- t •' r L } I y ` ... • • . ARTICLE XI HEALTH INSU RAN CE A. The City shall c ontribute up to a medical benefit package for the employees on July 1, 1977 at the following cost: 1. $30.4 2 per month fo r employee only. 2 . $60. 8 4 per month for employee plus one (1) dependent. 3 . $86.3 0 per month for employee plus two (2 1 o r more dependents. Any amounts necessary to fund existing benefits in exces s o f the amounts which the City is obligated t o contribute set forth above in Section A. , sha 11. be borne by the employee. B. The City shall c ontribute to a dental benefit bac kage for the employee s at the foll owing cost. 1. $ 9. 0 0 per month for employee only. 2. $ 9. 0 0 per month for employee and family. Any amounts necessary to fund existing benefits in exces s o f the amounts which the City is obligated to contribute set forth above i n S ection B. , sha 11 be bor ne by the employee. C. The City shall c ontribute up to a medical benefit p ackag e for the employees on July 1, 1978 at the following cost: 1 . $32. 7 1 per month fo r employee only. 2. $65.4 2 per month for employee plus one (1) dependent. • 3. $92. 6 8 per month fo r employee plus two (2 1 or more dependents. Any amounts necessary to fund existing benefits in exces s o f the amounts which the City is obligated to contribute set forth above i n - 24- b. . r S ection C. , sha 11 be bor ne by the employee. �.. D. The City shall c ontribute up to a dental benefit package f or the employees at the f oli owing cost effective January 1, 1979. 1. $ 9. 0 0 per month fo r employee only. 2 . $16. 0 0 per month fo r employee and fami ly. Any amounts necess ary to fu nd existi ng benefits in exces s o f the amounts which the City is obligated t o contribute set forth abov e in Section D. , shall b e borne by the employee. -24 a- ARTICLE XII RETIREMENT Section 1. Employees covered by this Agreement partici- pate in the Public Employees Retirement System. Employee options are described in a contract between the City of Downey and the Public Employees Retirement System. Section 2. Seven (7) percent of the employee's gross salary, effective August 9, 1976, is applied to the employee's contributions to the Public Employees Retirement System. • _25- ARTICLE XIII TUITION REIMBURSEMENT Section 1. With prior approval of the City Manager, employees may be reimbursed for tuition and books for courses taken to improve their value to the City. Tuition shall be reim- bursed for courses as recommended by the department heads with job related justification and approved by the City Manager, with quarterly report to the City Council including the names of indi- viduals, their positions, and the courses taken. Employees must receive a passing grade in order to be reimbursed for the course. Reimbursement shall be made at the rate of tuition charged at Los Angeles State College for courses on the quarter system, and Long Beach State College for courses on the semester system. Reimburse - - ment for books shall only be made if employees turn such books in to the Downey library system for use in the system. -26- I i .a iR ARTICLE XIV PROBATIONARY PERIOD Section 1. An original or promotional appointment will be tentative and subject to a probationary period of not less than six (6) months, except that the City Manager may extend the proba- tionary period for a class up to an additional six (6) months or for a marginal probation for up to an additional three (3) months. Should the appointing authority desire to terminate any probation- ary employee, the appointing authority shall notify such employee no less than two (2) weeks prior to termination. Section 2. If the service of the probationary employee has been satisfactory to the appointing authority, then the appoint- ing authority shall file with the personnel officer a merit rating including a statement, in writing, to such effect and stating that the retention of such employee in the service of the City is desired. If such a statement is not filed, the employee will be deemed to be unsatisfactory and his employment terminated at the expiration of the probationary period. Section 3. All probationary periods shall extend to the first day of the month following the period of probation. _27- - r e �j • ARTICLE XV CITY RIGHTS Section 1. The City reserves, retains, and is vested with, solely and exclusively, all rights of Management which have not been expressly abridged by specific provision of this Memoran- dum of Understanding or by law to manage the City, as such rights existed prior to the execution of this Memorandum of Understanding. The sole and exclusive rights of Management, as they are not ab- ridged by this Agreement or by law, shall include, but not be limited to, the following rights: (a) To manage the City generally and to determine • the issues of policy. (b) To determine the existence or non - existence of facts which are the basis of the Management decision. (c) To determine the necessity and organization of any service or activity conducted by the City and expand or diminish services. (d) To determine the nature, manner, means, and technology, and extent of services to be provided to the public. (e) Methods of financing. (f) Types of equipment or technology to be used. (g) To determine and /or change the facilities, methods, technology, means, and size of the work force by which the City operations are to be conducted. (h) To determine and change the number of loca- tions, relocations, and types of operations, processes and ma- terials to be used in carrying out all City functions including, -28- 1 t j } • but not limited to, the right to contract for or subcontract any ..._ work or operation of the City. (i) To assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments. . (j) To relieve employees from duties for lack of work or similar non - disciplinary reasons. (k) To establish and modify productivity and per- formance programs and standards. (1) To discharge, suspend, demote, or otherwise discipline employees for proper cause. (m) To determine job classifications and to re- classify employees. (n) To hire, transfer, promote and demote employ- ees for non- disciplinary reasons in accordance with this Memoran- dum of Understanding and applicable Resolutions and Codes of the City. (o) To determine policies, procedures and stan- dards for selection, training and promotion of employees. (p) To establish employee performance standards including, but not limited to, quality and quantity standards; and to require compliance therewith. (q) To maintain order and efficiency in its facil- ities and operations. (r) To establish and promulgate and /or modify rules and regulations to maintain order and safety in the City which are not in contravention with this Agreement. -29- T (s) To take any and all necessary action to carry out the mission of the Agency in emergencies. Section 2. Except in emergencies, or where the City is required to make changes in its operations because of the require- ments of law, whenever the exercise of Management's rights shall impact on employees of the bargaining unit, the City agrees to meet and confer with representatives of the Union regarding the impact of the exercise of such rights, unless the matter of the exercise of such rights is provided for in this Memorandum of Un- derstanding or in Personnel Rules and Salary Resolutions and Ad- ministrative Code which are incorporated in this Agreement. By agreeing to meet and confer with the Union as to the impact and the exercise of any of the foregoing City rights, Management's discretion in the exercise of these rights shall not be diminished. -30- S .l 1 j: ARTICLE XVI -- EMPLOYEE ORGANIZATIONAL RIGHTS AND RESPONSIBILITY Section 1. Dues Deductions. The City shall deduct dues on a regular basis from the pay of all employees in the classifica- tions and positions recognized to be represented by the Union, who voluntarily authorize such deduction, in writing, on a mutually agreed upon form to be provided for this purpose. The City shall remit such funds to the Union within thirty (30) days following their deduction. Section 2. Indemnification. The Union agrees to hold the City harmless and indemnify the City against any claims, causes of actions or lawsuits arising out of the deductions or transmittal of such funds to the Union, except the intentional failure of the City to transmit to the Union monies deducted for the employees pursuant to this Article. -31- A 4 • , r . j ARTICLE XVII NO STRIKE - NO LOCKOUT A. PROHIBITED CONDUCT Section 1. The Union, its officers, agents, represen- tatives and /or members agree that during the term of this Agree- ment they will not cause or condone any strike, walkout, slow- down, sick -out, or any other job action by withholding or refus- ing to perform services. Section 2. The City agrees that it shall not lock- out its employees during the term of this Agreement. The term "lockout" is hereby defined so as not to include the discharge, suspension, termination, layoff, failure to recall or failure to return to work of employees of the District in the exercise of its rights as set forth in any of the provisions of this Agree- ment or applicable ordinance or law. Section 3. Any employee who participates in any con- duct prohibited in Section 1 above, shall be subject to termina- tion by the District. Section 4. In addition to any other lawful remedies or disciplinary actions available to the District, if the Union fails, in good faith, to perform all responsibilities listed below in B, Section 1, the City may suspend any and all of the rights, privileges, accorded to, the Union under the Employee Re- lations Resolution in this Memorandum of Understanding including, but not limited to, suspension of recognition of the Union, griev- ance procedure, right of access, check - off, the use of the Dis- trict's bulletin boards and facilities. _32- • . cr 3 '. { B. UNION RESPONSIBILITY Section 1. In the event that the Union, its officers, agents, representatives, or members engage in any of the conduct prohibited in A, Section 1 above, the Union shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this Memorandum of Understanding and unlawful and they must immediately cease engaging in conduct prohibited in A, Section 1 above, and return to work. Section 2. If the Union performs all of the responsi- bilities set forth in Section 1 above, its officers, agents, re- presentatives shall not be liable for damages for prohibited con- duct performed by employees who are covered by this Agreement in violation of Section 1 above. -33- • k + J ARTICLE XVIII GRIEVANCE PROCEDURE Section 1. Grievance. Grievance shall be defined as a dispute between the Union, employee or employees in the City, re- garding interpretation or application of specific provisions of this Memorandum of Understanding. Section 2. Conduct of the Grievance Procedure. An em- ployee may request the assistance of another person of his own choosing in preparing and presenting his grievance at any level of review, or may be represented by a recognized employee organi- zation or may represent himself. A. Any retroactivity on monetary grievances shall be limited to the date that the grievance was filed, in writing, except in cases where it was impossible for the employee to have had prior knowledge of an accounting error. B. All time limits specified may be extended to a definite date by mutual agreement of the employee or his Union representative, and the decision making Management representative involved at each step of the grievance procedure. Such mutual agreement shall be evidenced in writing, and signed by the employee or Union representative and Management representative. Section 3. Grievance procedure shall provide for the following steps: Step One - Informal Procedure. An employee must attempt first to resolve a grievance through discussion with his immediate supervisor without undue delay on an informal basis. If, after such discussion, the employee does not believe the problem -34- • has been satisfactorily resolved, he shall have the right and obligation to discuss it with his supervisor's immediate superior, if any, and his department head if necessary. Every effort shall be made to find an acceptable solution by these informal means at the most immediate level of supervision. At no time may an infor- mal process go beyond the department head concerned. In order that this informal procedure may be responsive, all parties involved shall expedite this process. In no case may more than twenty -one (21) calendar days elapse from the date of the alleged incident or action giving rise to the grievance and the filing of a written grievance in Step Two., or the grievance shall be barred and waived. Step Two - Formal Procedure. If the grievance is not resolved through the informal process and not more than twenty- one (21) calendar days have elapsed from the date of the alleged incident or action giving rise to the grievance, employee shall have the right within seven (7) calendar days from the decision or completion of the informal process to file the grievance in written' form and present it through channels to his immediate Management supervisor. The immediate Management supervisor shall discuss the grievance with the employee and shall render a deci- sion and comments, in writing, and return them to the employee within seven (7) calendar days after receiving the grievance. Step Three - Department Head Response. If the grievance is not resolved in Step Two or if no answer has been received within seven (7) calendar days, from the presentation of the written grievance, the employee may, within seven (7) calendar days, present the grievance in writing to his department head. -35- • } Failure of the employee to take this action will constitute ter - mination of the grievance. The department head. shall further re view and discuss the grievance with the employee and shall render its decision and comments, in writing, and return them to the em- ployee within seven (7) calendar days after receiving the griev- ance. Step Four - Employee Relations - Personnel Officer. If the grievance is not resolved in Step Three or if no answer has been received within time limits established in Step Three, the employee may, within seven (7) calendar days, present the grievance in writing to the Employer Relations /Personnel Officer for process- ing. Failure of the employee to take this action will constitute termination of the grievance. In the event the employee is not be- ing represented by a recognized employee organization, the Employer Relations /Personnel Director shall forward the grievance to the designated Management representative who shall attempt to resolve the grievance with the employee. If the employee is being repre- sented by a recognized employee organization, the Employer Rela- tions/Personnel Officer shall convene a joint meeting of the recog- nized employee organization and Management representative who shall attempt to resolve the grievance. In the event the grievance is not satisfactorily adjusted or settled through discussion at this level, both parties shall advise each other, in writing, as to their respective positions. Step Five - Personnel Advisory Board. 11 the grievance .__.. is not resolved in step four,the employee may, within seven (7) calendar days of the receipt of the written position from management r epres entatives, prese nt the grievance in writing to the Per sonne 1 Board for review. Failure -36- • of the employee to take thi s acti on will c onstit ute to rminatio n of the ' — g rievance . In the event th e grievance is not s ati sfactoril y adjusted o r sett led th rough discuss ion at this level, the Per Bonne 1 Advisory Board shall submit a written recommendation to the City Manager for final determi nation. Step Six - Final Proc es s - City Manager. If the grievance, is submitted to the City Manager for review and settle - ment, the City Manager shall render a written decision to the parties within thirty (30) calendar day s. The dec isi on of the City Manager shall b e final. • -37- • ARTICLE XIX SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING Section 1. It is the intent of the parties hereto that the provisions of this Memorandum of Understanding shall supersede all prior agreements and memorandums of understanding, or memoran- dums of agreement, or contrary salary and /or personnel resolutions and ordinances of the City, oral or written, expressed or implied, agreements between the parties or understandings between the par- ties, and shall govern their entire relationship and shall be the sole source of any and all rights which may be asserted hereunder. This Memorandum of Understanding is not intended to conflict with federal or state law. Section 2. Not withstanding the provisions of Section 1 above, there exists within the City of Downey, certain personnel resolutions, ordinances and departamental rules and regulations to the extent that this Agreement does not specifically contravene provisions of these personnel resolutions, ordinances, departamental rules and regulations, such personnel resolutions, ordinances and departamental rules and regulations are specifically incorporated herein. -38_ • ARTICLE XX WAIVER OF BARGAINING DURING TERM OF THIS AGREEMENT During the term of this Memorandum of Understanding, the parties mutually agree that they will not seek to negotiate or bargain with regard to wages, hours, and terms and conditions of employment, whether or not covered by this Memorandum or in the negotiations leading thereto and irrespective of whether or not such matters were discussed or were even within the contem- plation of the parties hereto during the negotiations leading to this Memorandum. Regardless of the waiver in this Ar- ticle, the parties may, however, by mutual agreement, in writing, agree to meet and confer about any matter during the term of this Memorandum. -39- • ARTICLE XXI EMERGENCY WAIVER PROVISION In the event of circumstances beyond the control of the City, such as acts of God, fire, flood, insurrection, civil disorder, national emergency, or similar circumstances, provi- sions of this Memorandum of Understanding or the Personnel Rules or Resolutions of the City, which restrict the City's ability to respond to these emergencies, shall be suspended for the duration of such emergency. After the emergency is over, the Union shall have the right to meet and confer with the City regarding the im- pact on employees of the suspension of these provisions in the Memorandum of Understanding and any Personnel Rules and policies. -40- f , ARTICLE XXII SEPARABILITY Should any provision of this Memorandum of Understanding be found to be inoperative, void, or invalid by a court of compet- ent jurisdiction, all other provisions of this Memorandum of Under- standing shall remain in full force and effect for the duration of this Memorandum of Understanding. • - 41- . 1 r ARTICLE XXIII TERM OF MEMORANDUM OF UNDERSTANDING The term of this Memorandum of Understanding shall commence on and shall continue in full force and effect until • -42- ° S . ARTICLE XXIV RATIFICATION AND EXECUTION The City and the Union acknowledge that this Memorandum of Understanding shall not be in full force and effect until rati- fied by the Union and adopted by the City Council of the City of Downey. Subject to the foregoing, this Memorandum of Understand- ing is hereby executed by the authorized representatives of the City and the Union and entered into this day of 1977. CALIFORNIA TEAMSTERS PUBLIC, PROFESSIONAL, AND MEDICAL CITY OF DOWNEY EMPLOYEES UNION, LOCAL 911 By: By: By: By: By: By: By: By: By: By: 771 „, • . . . • J • • The Pay Plan, Exhibit "A” attached will be adjusted accor Jingly: • 4 % July 1, 1977 2. %0 January 1, 1978 4 % July 1, 1978 2 % January 1, 1979 3 • y ■ • • • . + ar3 ••• ON 'r, •.0 7 M 00 O r- n ...-... (` ('i IC) C ( e , on C cid t;1 .0 OJ; CO ON ,--s 41 tj+ C) (.0 N J' I rl ( " 1 ) . n Q --. ^ 1 C • I- C') (•: N I• ; (�- t7' 0'1 (L) • U • 0 O ,- t • M .1 - 7' t') `L� co .r J (, ,r, n •-.; •1` ca Cr.. l~ or, , r,) •_, (`4 lr) M . O CJ -# (' op G• 0 . -, r) M Ir, , N ,, O :.- N •-.' trl ( -- Ln C.) r.l t in I"- 0 .-4 IN M c4 • • • • • • • • . • • • • • • • • • • • •I • • w . Cf rn 4 .. 4 ... 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IN ( c-1 'i' • ..^ :) ..n .7 :- t- tCI c.' • ;- Q' C• 8/24/76 to • y ....1 •^I r^ r•1 PA f...4 .... • .••1 r-. r-4 ,4 r...: , ,.1 ■•� r1 ..... /••3 U) l Change #13 November, 1976 - 82 - • ., , • i